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(영문) 인천지방법원 2013.03.26 2012고단4667
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is an operator of the company C in accordance with 302-3 of the building B in Ansan-si, who is an employer who operates industrial plant manufacturing construction business by employing workers.

The Defendant did not pay 14,612,003 won, including the sum of wages of 3,00,000,000 won on September 20, 2010 retired from his/her place of business from around October 20, 2008 to November 24, 2010, wage of 3,00,000, wage of 2,40,000, retirement pay of 6,212,003 won on November 1, 2010, and retirement pay of 14,612,003 won, without any agreement on the extension of the payment period between the parties concerned, and did not pay 14,612,03 won, as shown in the attached list of crimes, as shown in the list of crimes.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant statutory provisions on criminal facts and Articles 109(1) and 36 of the Labor Standards Act on the selection of a sentence (the amount of unpaid wages), Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (the unpaid retirement allowances) and the choice of imprisonment [the prosecutor indicted for the unpaid retirement allowances among the facts charged in the instant case by applying Articles 109(1) and 36 of the Labor Standards Act, but the Guarantee of Workers' Retirement Benefits Act was enacted by Act No. 7379, Jan. 27, 2005 and Article 34 of the Labor Standards Act enter into force on December 1, 205.” Thus, the employer’s obligation to pay retirement allowances to the employee after the date of entry into force of the Guarantee of Workers’ Retirement Benefits Act and the part of the Guarantee of Workers’ Retirement Benefits Act shall be applied within 14 days.

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